On May 15, an en banc panel of the Third Circuit Court of Appeals issued a decision finding the statute of limitations for an alleged violation of the Fair Debt Collection Practices Act begins on the date the violation occurs, not on the date the debtor discovers the violation. The ruling adds to the growing
In a recent decision denying plaintiffs Aldean Isaac’s and Julissa Ortiz’s motion for summary judgment, a federal district court judge in the Eastern District of New York found that defendant NRA Group, LLC’s collection letter that included the same amount of debt twice and then a payment slip for the sum of these duplicate amounts
On May 21, the U.S. Supreme Court, in a 5-4 decision penned by Justice Neil Gorsuch, held that employers can include a clause in their employment contracts that requires employees to arbitrate their disputes individually and to waive the right to resolve those disputes through class actions and other joint proceedings. The Court ruled such
Chapter 13 of the United States Code’s eleventh title (“Bankruptcy Code” or “Code”) “permits any individual with regular income to propose and have approved a reasonable plan for debt repayment based on that individual’s exact circumstances,” explaining why a Chapter 13 plan is commonly known as “a wage earner’s plan.” In general,
On May 2, the U.S. District Court for the District of New Jersey granted a debt collector’s motion to dismiss a putative class action brought under the Fair Debt Collection Practices Act, holding the validation notice in the collection letter was not overshadowed or contradicted by other language in the letter.
The case is Reizner
On May 2, Kansas Governor Jeff Colyer signed a “ban the box” order applicable to state government positions but not private businesses or state contractors. Kansas agencies will no longer ask job applicants whether they have a criminal record during the initial application process. The state legislators argued that asking about criminal records on applications
On May 1, the city council of Wilmington, North Carolina unanimously approved a new “ban the box” ordinance for city employees. The ordinance mandates that candidates for employment will not be asked about their criminal history nor have a criminal background check conducted until a decision has been made to offer the candidate employment. According
A district court in the Northern District of Illinois recently granted a debt collector’s motion to compel arbitration in a Fair Debt Collection Practices Act lawsuit even though it could not provide the original bill of sale to prove it purchased the debt and the concomitant rights to enforce the arbitration provision in the underlying
On April 13, the United States District Court for the Eastern District of Wisconsin granted summary judgment to defendants in a lawsuit brought under the Fair Debt Collection Practices Act (“FDCPA”) and the Wisconsin Consumer Act (“WCA”). A copy of the Court’s opinion can be found here.
The case arises from a state court
In the fall of 2017, the New York Times documented the existence of laws in nineteen jurisdictions which allow for the revocation of government-issued professional licenses if a holder defaults on a student loan. Pleas for reform soon swamped states.
In Texas, whose next regular legislative session will begin on January 8, 2019,